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The Secret to Successful Neighbourhood Plan Examinations
RTPI NW Neighbourhood Planning Seminar
22nd May 2019
Peter Biggers MRTPI
Independent Examiner
Argyle Planning Consultancy Ltd
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The Secret to Successful Neighbourhood Plan Examinations
• Neighbourhood Plan examination process
• What will Examiner be looking at?
• Preparing for examinations
• Setting up for examination
• Documentation for examination
• Carrying out examination
• Final stages
• Learning points from examinations to date
• Recipe for success
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Examination Process
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QB prepare
Plan and documents for
submission Reg 15
Submission and Reg 16
Publicity by LPA
Independent Examiner
Appointed
Documents & representations
sent to Examiner by LPA
Reg 17
Examiner reviews documentation
Examiner decides Written Reps or
Hearing
Written RepsExaminer carries out site visit and
assesses plan
Examiner writes report &
recommendation& submits to LPA
HearingExaminer
determines invitees & scope
of hearing
LPA arranges venue ,
notices etc
Examiner sets
questions and
programme
Examiner carries out
site visit and
Hearing
Examiner writes report &
recommendation& submits to LPA
LPA considers report and publishes report
and their Decision Statement - Reg 18
What will Examiner be looking at?• What an examiner can consider is precisely defined in legislation and
regulations.
• Examiners can only consider the basic conditions :–• Having regard to national policies and advice it is appropriate to make the
neighbourhood plan;
• Making of the neighbourhood plan contributes to achievement of sustainable development;
• Making of the neighbourhood plan is in general conformity with the strategic policies contained in the development plan;
• Making of the neighbourhood plan does not breach, and is otherwise compatible with, EU obligations;
• Prescribed conditions are met in relation to the neighbourhood plan and prescribed matters have been complied with
2018 NP Regs amendment introduced following prescribed condition:
Making of the neighbourhood development plan does not breach the requirements of Chapter 8 of Part 6 of the Conservation of Habitats and Species Regulations 2017.
• Unlike Inspectors at local plan examinations, Examiners are NOTconsidering whether the plan is SOUND.
• This means onus is on QB to ensure plan policies are SOUND BEFOREsubmitting
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Preparing for Examination
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Preparing for Examination
• Preparation for a successful examination starts early -certainly before pre-submission stage – don’t try and retrofit.
• LPAs and QBs need to work closely together and resolve any differences before submission.
• LPA has key role in assisting QB – Defining level of development / advising on content/ effective policy wording / technical support with SEA-HRA / checking basic conditions are met.
• Make full use of the basic conditions statement – If you aren’t convinced the examiner won’t be either!
• Consider an independent ‘health check’.
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Health Checks • Independent review undertaken
by qualified examiner.
• Most beneficial at pre-submission stage – to allow amendment.
• Identifies issues that may cause delay or rejection at examination.
• Considers problems in meeting the basic conditions.
• Health Check Examiner can propose improvements where Examiner is more restricted.
Sense that health checks are not being used as much now.
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Sourcing and Appointing Examiner
• Source early so there is no delay in process.
• LPA appointment – but need to fully engage QB.
• Highlight key issues and particular areas of expertise required.
• Indicate intended timing of examination – make clear whether a hearing may be required.
• Be realistic about professional indemnity insurance –should not be necessary to request cover > £750k - £1m.
• CVs and statements supplied from bidding examiners usually sufficient to appoint.
• Interview rarely necessary - LPA with QB represented.
• Feedback to unsuccessful candidates.
Sources : NPIERS / Planning Consultancies.
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Setting up Examination
• LPA and examiner contract directly - Informal v formal contract.
• Agree invoicing arrangements.
• Nominate a single LPA point of contact (some LPA’s have NP dedicated officer/s).
• Agree communication protocol – How / what stages /etc.
• Agree anticipated timeline to completion.
• LPA and QB should provide the relevant documents –and identify relevant parts of lengthy documents (e.g.indicating the strategic policies of the LP together with supporting text & proposals map).
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Documentation for Examination
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Documentation
• Map of the Neighbourhood Area.
• The Neighbourhood Plan.
- Is evidence local, proportionate and sufficient?
- Is selection of allocated sites justified?
- Are Local Green Space designations evidenced?
• Consultation Statement.
- Who was consulted?
- How were they consulted?
- What were the issues and concerns?
- How have these been considered & addressed?
• Basic Conditions Statement.
- Are they all met? – How - be specific
• SEA / HRA / Sustainability Appraisal – if allocating land SEA / HRA will be required.
Getting documentation to tell story of the plan is key to success.
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Carrying out Examination
• Examiner at start should identify if there are any ‘show-stopper’ issues – if so consider need for LPA/QB briefing.
• Straightforward examination will typically take c 5-7 days total.
• Complex representations or absence of up to date Local Plan can delay, or a hearing can add c 3 days.
• Examiner will visit the plan area - normally unaccompanied -but need for access may mean accompanied visit.
• Quite usual for examiner to have questions of fact they want clarified – usually in writing but meetings with QB and LPA are possible – bear in mind ‘fair hearing’ issues .
• Examination by consideration of written representations is general rule – parties may be asked to supply written responses to reps made at Reg 16 stage.
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Carrying out Examination - Hearings
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Examiner will call a hearing typically where issues raised at Reg 16 stage are complex or where there are a number of options being challenged.
• Examiner decides who should be invited and determines scope of hearing – will be selected matters only.
• LPA is responsible for all venue arrangements, invitations, notices and publicity and note-taking.
• Pre-set questions from examiner usually released to participants on topics to be discussed prior to hearing.
• Informality - key to a successful hearing - no written statements required.
• Hearings if well executed can be really helpful.
Examining where Local Plan is still Emerging
• Examination must assess general conformity with adopted plan.
• BUT NPPF/PPG make clear NPs can be developed before or at same time as a local plan.
- Tattenhall Neighbourhood Plan High Court Decision.
• Use of reasoning and evidence informing an emerging Local Plan process essential for NP where adopted plan is dated.
• NP groups should seek housing & employment land requirements of emerging local plan from LPA and show how these can be met.
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Final Stages
Most examiners will submit confidential draft report to LPA and QB for fact check before signing it off .
This not opportunity to challenge content.
Examination report is revised as necessary and submitted.
LPA complete their responsibilities under Reg 18 and issue Decision Statement.
Assuming NDP is to proceed - involve electoral services - work back from preferred referendum date - consider decision making process & meeting cycles of QB and LPA to make modifications.
Lessons from examinations - the good news!
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• Very few c3% of plans fail at examination• You will rarely be asked to participate in a
hearing particularly if your plan preparation is rigorous.(C7% of examinations involve a hearing)
• Most examiners will try and find solutions through mods and maintain the integrity of plan as a community document!
• All examiners think examination process is either satisfactory or working well
• Process is generally quick and efficient, open and rigorous
• Examiners viewed as impartial and well-informed
• Basic conditions are now broadly understood• Locality support is invaluable• Process is clear and generally now understood
Lessons from examinations - The not so good news!
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• About 2.5% of examinations have not progressed due to fatal flaws - most involve SEA/HRA.
• Examiners are concerned about consistency of process.
• Examiners concerned about limited ability to change policies.
• Plans typically are weak in policy development.
• Quality and added value of NPs could be better.
• Shortcoming in process if site allocations at Reg 16 stage need to be added.
• Lack of urban coverage – currently mainly rural.
• Time of submission to ‘made’ plan is taking too long.
• LPA DM officers often not giving the weight to Neighbourhood Plans they should be.
Recipe for Success
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• Preparation – don’t try and ‘wing it’.• Collaboration between QB and LPA. Be sure plan delivers levels of
development sought in Local Plan - NP not the place to challenge. • Don’t submit if LPA just about to adopt local plan. Wait and make sure NP will
be in general conformity with new plan.• Take time and care in preparing supporting documentation on submission.• Its worth investing in a Health Check or at least some sort of policy review.• Make sure you amend carefully following Reg 14 Pre-Sub stage.• Select an appropriate examiner.• If hearing - make sure you are well prepared - think about professional help.• Expect to have to make modifications - all examinations have involved
modifications - don’t get frustrated by this.
Contacts
Peter Biggers
Argyle Planning Consultancy Ltd
07786 960484 / 01665 603233
Gemma Beasley NPIERS
DRS Operations Manager RICS
020 7695 1543
Contact Centre 0247 686 8555 [email protected]
Kimberley Payne NPIERS
Case Officer, Alternative Dispute Resolution RICS
0247 686 8348 Email: [email protected]
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